TOP DOG TRADING TERMS AND CONDITIONS
(TERMS OF SERVICE & LEGAL RIGHTS)
The Terms and Conditions (“Terms”) describe how Top Dog Trading, 1534 N. Moorpark Rd, #222, Thousand Oaks, CA 91360-5129, Barry@TopDogTrading.com, Toll Free: (866) 878-9209 (“Company,” “we,” and “our”) regulates your use of this website (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
Top Dog Trading also manages several web sites. Our privacy policies, terms and conditions will cover all of our websites that have and may still include ...
... among other sites we may own and operate.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..
The Site may include links to other sites, applications, and platforms (hereinafter the "Linked Sites").
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
We are not necessarily affiliated with the various websites that may be linked to or from this site. Accordingly, we are not responsible for their content. Further, any such hyperlink does not imply our endorsement of that site. Hyperlinks are accessed at your own risk, and we make no representations or warranties about the completeness or accuracy of any content that you may encounter.
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
The material and content accessible at this site, including any copyrighted materials, trademarks, or any other content is our proprietary information and we retain all right, title, and interest in it. Accordingly, no such proprietary information may be copied, distributed, republished, uploaded, posted, sold, transmitted, modified or otherwise take advantage of, in whole or in part, in any way without our prior written consent, or unless authorized in writing elsewhere on our site.
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
You may use this site only for the purposes expressly permitted. You may not hyperlink to this site or use this site for any other purpose, including, but not limited to, any commercial purpose, without our prior written consent.
We do not guarantee or warrant that any files available for downloading will be free of viruses, trojan horses, or any other code that may manifest destructive properties. Any and all downloading is done at your own risk and you will be solely responsible for any damage to your computer system or resulting loss of data.
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
You agree to treat as strictly private and confidential, any username, user ID, password, etc. which you may receive from us, as well as any and all information to which you have access through password-protected areas of this site. You agree to not cause or allow any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are responsible for activities that occur under your account and you agree to immediately notify us of any unauthorized use of your account known to you. Further, you are strictly prohibited from any activity which would comprise the security of this site. We reserve the right to require that your password be changed and/or to terminate your account if we believe that your account has been compromised or is otherwise unsecure.
We further reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone. By accepting these Terms of Service & Legal Rights, you agree to waive and hold harmless us from any claims resulting from our cooperation with any law enforcement authorities and any court order.
Disclaimer of Warranties
This site, including all information, products, and services are provided “as is” without warranty of any kind, either express or implied. We do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, this site, including all information, products, and services, in the terms of their completeness, accuracy, reliability, or otherwise and we assume no liability or responsibility for errors or omissions in such content. You expressly understand and agree that we are not, and will not be, liable for any damages whatsoever resulting from the performance of this site, including all information, products, and services provide herein.
Further, no oral or written information given by us shall create a warranty or in any way increase the scope of the warranty above. Applicable law may not allow the limitation or exclusion of liability, so the above limitations and exclusions may not apply to you. However, in no event shall our total liability to you for any damages, losses, or any causes of action exceed the amount paid by you, if any, for accessing this site.
These terms constitute a legal contract and govern your access to and use of this website. This contract shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The courts of the County of Los Angeles, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this contract and the transactions contemplated herein. Further, in any legal proceedings, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys’ fees, as may be fixed by the court.
Indemnity Against Third-Parties
Unauthorized use of any information, materials, or other third-party content contained on this site may violate certain laws and regulations. You will indemnify and hold us harmless from and against any and all claims brought by third-parties arising from your unauthorized use of such information, materials, or content gained from this site.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: Top Dog Trading, 1534 N. Moorpark Rd, #222, Thousand Oaks, CA 91360-5129, Barry@TopDogTrading.com, Toll Free: (866) 878-9209. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
We reserve the right to change these Terms of Service & Legal Rights at any time. Please refer to these Terms of Service & Legal Rights regularly to remain informed of their terms. Your continued use of this site or the information provided herein shall indicate your consent and agreement to any changes made in these Terms of Service & Legal Rights.
We welcome your comments or questions about this Terms. You may contact us in writing at Top Dog Trading, 1534 N. Moorpark Rd, #222, Thousand Oaks, CA 91360-5129, Barry@TopDogTrading.com, Toll Free: (866) 878-9209